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COURT REPORT: As usual drug cases top court agenda

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ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — A 33-year-old man accused of violating local drug laws has entered into a plea agreement with the government. Daisy Mareko, who has been in custody since his arrest last year appeared in High Court last week for his Change of Plea (COP) hearing.

Mareko is represented by Assistant Public Defender Rob McNeill while prosecuting the case is Assistant Attorney General Laura Garvey.

Mareko was initially charged with one count of unlawful possession of methamphetamine with intent to distribute; one count of unlawful possession of methamphetamine; one count of unlawful possession of firearms, all felonies; along with one count of unlawful possession of ammunition, a class A misdemeanor.

But under a plea agreement with the government, accepted last week, Mareko pled guilty to the charge of unlawful possession of methamphetamine with intent to distribute, a felony, punishable by imprisonment from five to ten years, a fine of up to $20,000, or both.

By his guilty plea, Mareko admits that on Nov. 7, 2019 in American Samoa, he unlawful possessed illegal drugs with the intent to distribute. Mareko further admits that on the day of the incident, police searched his body under the suspicion that he was in possession of illegal drugs.

During that search, police discovered a medium baggie containing a quantity of methamphetamine. He also admits that police also found 4 cut up straws containing methamphetamine in his possession.

According to terms of the plea agreement, Mareko’s vehicle was pulled over by police for a traffic violation and a black bag that Mareko was seen taking from a vehicle that was allegedly involved in an illegal chase with police earlier was searched.

The bag was found to contain 2 handguns (one .22 cal single-six and one 32 S&W.L); 11 bullets (one .22 round and 10.25 auto rounds); 4 small cut up straws containing white crystalline substances (which tested positive for methamphetamine); a medium sized baggie containing white crystalline substances (tested positive for methamphetamine); 99 medium sized empty baggies; an iPhone 8 with a black phone cover and several other objects (all noted on property forms), and a total of $2,949 in cash.

Sentencing for Mareko is set for Apr. 3, 2020.

Co-defendant in this case is Lefatia Jr, whose case is still pending in High Court.

RIPINE TALAIMANU

A 22-year-old arrested for violating conditions of his probation was ordered by Judge Elvis P. Patea to serve 90 days at the Territorial Correctional Facility (TCF).

“It’s up to you to decide whether you want to go home to your family or stay in jail for another full year,” Patea told Ripine Talaimanu during his Disposition Hearing last week.

Talaimanu, who was taken back into custody three weeks ago when he tested positive for methamphetamine asked the court for another chance to go home to seek employment to care for his parents.

“I’m truly remorseful for what I did and I now understand that jail is not a good place for me. Please, give me another chance to redeem myself,” Talaimanu asked the court.

Defense attorney, Assistant Public Defender Bob Stuart asked the court to give his client a second chance so that he can prove himself.

Patea fired back and told Stuart that Talaimanu was given two chances when he appeared in court in two separate cases last year. However, in December of last year, he was tested positive for methamphetamine. The court did not revoke his probation but it was modified.

“Now, he’s before the court for another probation violation when he tested positive for methamphetamine last month,” Patea reminded Stuart. Stuart told the court that his client is a young man who made a terrible mistake.

Patea revoked Talaimanu’s probation and ordered him to serve 90 days at the TCF. All other conditions of his one year probation remain.

“Talaimanu, the court is giving you one more chance. Don’t forget one year in jail is hanging above you. So, take these conditions seriously,” Patea told Talaimanu.

BACKGROUND

Talaimanu was convicted for misdemeanor stealing and was placed on probation for 6 months in July of last year.

Two months later, Talaimanu was arrested and charged for assaulting another man, and he was later convicted and placed on probation for 12 months.

In December of last year, Talaimanu tested positive for meth and the court gave him a chance. Two months later in February of this year, Talaimanu tested positive again for meth during his monthly visit to Probation.

IASONI SAILI

A man was arrested by DPS Vice & Narcotics Unit last week for alleged drug possession.

Iasoni Saili made his initial appearance in Court where Judge Elvis P. Patea scheduled his preliminary examination (PX) for this Thursday at 10:30a.m.

Saili is charged with one count of unlawful possession of marijuana; and one count of unlawful possession of methamphetamine; both felonies.

Bail is set at $10,000.

THE AFFIDAVIT

The government claims that on Mar. 9, 2020, detectives of the DPS Vice & Narcotics Unit arrested Saili and another man in Tafuna for public peace disturbance. Both men were dropped off separately to the Tafuna Sub-Station for questioning.

Before heading out, one of the officers went back inside the Tafuna Substation to check on the two men. When the officer opened the door, he saw another male sitting next to Saili, trying to get something from inside Saili’s pockets.

The officer immediately pulled the male aside. He was later identified as Saili’s nephew. At the same time, the officer saw 2 hand rolled cigarettes near Saili’s feet and underneath his feet was a small clear baggie containing a white substance. The officer proceeded to search Saili’s nephew to see if he took anything from his uncle’s pockets.

When officers were able to interview Saili’s nephew, he verbally stated that when he arrived at the Tafuna Substation, he went inside the office to ask his uncle for a cigarette.

He said that as he was grabbing the cigarettes from inside his uncle’s pocket, an officer walked in and saw what he was doing.

The nephew told police that his uncle has a heart problem and is on multiple medications. Furthermore, according to the nephew, Saili has a habit of smoking meth.

Saili refused to provide any information to police. He however was acting disorderly and repeatedly accused the officers of being racist.

According to the affidavit, Saili's blood shot eyes, slurred speech, and the strong odor of alcohol emitting from his breath indicated that he was intoxicated.